The Massachusetts Appeals Court held that a sex offender’s subsequent criminal convictions rendered moot his challenge to the reliability of hearsay evidence used in his SORB reclassification from level 2 to level 3, affirming the board’s decision in a case of first impression for published classification appeals.
The Second District affirmed the revocation of NGRI conditional release for a defendant who exhibited a pattern of treatment noncompliance and refusal to accept responsibility for underlying offenses.
The Third Department upholds an administrative determination by the Department of Corrections and Community Supervision in an Article 78 proceeding, finding it supported by substantial evidence.
The Fifth District holds that body-worn camera footage showing an officer left a DUI suspect alone in a patrol car during the required 15-minute observation period is sufficient to rebut the presumption that breath test procedures were properly followed.
Second District holds that vacatur of a murder conviction under Penal Code section 1172.6 does not establish an “erroneous conviction” entitling the former defendant to compensation under section 4900, because Senate Bill 1437’s narrowing of murder liability was a legislative act o
First District holds that the DMV’s revised hearing structure satisfies due process and rejects the broader ‘appearance of bias’ approach used in Romane v. DMV (now before the California Supreme Court).
Fourth District grants writ relief, holding that Government Code section 27706(g) gives a public defender discretion to decline appointment to represent a habeas petitioner — including a Racial Justice Act claimant — without showing unavailability.